Agenda 04/12/2022 Item #16A12 (Release Performance Bond - Isles of Collier Preserve Phase 15)04/12/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$266,940 which was posted as a guaranty for Excavation Permit Number PL20210000796 for work
associated with Isles of Collier Preserve Phase 15.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Isles of Collier Preserve Phase 15. The As-Built lake cross sections
have been received and the lakes have been inspected on March 1, 2022 by the Development Review
Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $266,940. Development Review staff will issue a Memorandum to the Clerk of Courts upon
approval of this item by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.12
Packet Pg. 760
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 21550
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $266,940 which was posted as a guaranty for Excavation Permit Number
PL20210000796 for work associated with Isles of Collier Preserve Phase 15.
Meeting Date: 04/12/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/07/2022 11:58 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
03/07/2022 11:58 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/07/2022 12:41 PM
Growth Management Department Diane Lynch Growth Management Department Completed 03/07/2022 2:48 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/07/2022 4:43 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/18/2022 8:53 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:20 PM
Growth Management Department Trinity Scott Transportation Skipped 03/07/2022 2:55 PM
Growth Management Department James C French Growth Management Completed 03/18/2022 1:54 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/22/2022 1:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/22/2022 2:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/22/2022 3:10 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 2:22 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/31/2022 10:46 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.A.12
Packet Pg. 761
THE ISLES OF COLLIER PRESERVE PHASE 15
LOCATION MAP
16.A.12.a
Packet Pg. 762 Attachment: Location Map (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this l?h a^y ot
2021 between Minto Communities, LLC hereinafter referred to as "Developer,"
an d the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20210000796 (the
"Excavation Permit"),
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of 9266,940.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
4
1
6
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either: a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfa-tory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation work. The Developer, as principal under the excavation performance
2.
3.
16.A.12.b
Packet Pg. 763 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of
Developer to fulfill all of the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
lN WITNESS WHEREOF, the Board and Develop€fl have causgd this Agreement to be
executed by their duly authorized representatives this _lpd ay of - lunp , 2021.
SIGNED IN THE PRESENCE OF:
Sign:
dn*,na lWlJo ,*d
Norma Mohamed
Printed Name
Sign:
Printed Name Laura LaFauci
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
as to form and legality:
rek rf ry
Minto Com munities, L
Lilliam Costello, Vice President of
Finance
BOARD OF COUNTY COMMISSIONERS
OF
By:
as designee of the County Manager
pursuant to Resolution No. 2015-l 62
Asslstant County Attcrney
16.A.12.b
Packet Pg. 764 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
BOND NO. CMS0338965 Exhltllt iAr
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
MINTO COMMUNITIES, LLC
4042 Park Oaks Blvd., Suite 450
Tampa, FL 33610
(hereinafter referred to as "Owne/') and
RLI INSURANCE COMPANY
9025 North Lindbergh Drive
Peoria lL 6'1615
(800) 483-9754
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Two Hundred Sixtv-Six Thousand Nine Hundred Fortv
and 00/100 Dollars ($266.940.00) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. PL20210000796 and that ce(ain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed
and shall continue until the date of completion of the work and approval by the County of the specific
improvements described ln the Land Development Regulations (hereinafter the "Guaranty Period") or until
replaced by a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any default, then this obligation shall be void, otheMise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed speciflc improvements.
PROVIDED FURTHER, that it ls expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 16th day of June, 2021.
WITNESSES:MINTO COMMUN
By:
inted Name: F tA M E<Oo rT4 Li iam c tello, Vice President of Finance
Printed Name: Norma Mohamed
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
TH OREGOING PERFORIVIANCE BOND WAS ACKNOWLEDG D BEFORE M BY MEANS OF
PHYSICA ENCE O S
20 ,BY
AS PRODUCED OF
Notary Public - State
rinted Name
INE OTARIZATION THP
Laura LaFauci
S,::i:llW
=x:
iD.
=--2i., fie gi
DAY O
AS OF
WHO IS PE SONALLY KN WN TO ME, OR
".o.."$\txl
[15-LDS-o1664/11s3600/1]
AS IDENTIFICATION
(SEAL)
rtlata ui 4':(,eil^Ld
16.A.12.b
Packet Pg. 765 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
BOND NO. CMS0338965
WITNESSES
me:Henry Riv
Printed Name: Claud e Alexa nder Hunt
RLI I CE COMPANY
By:
'.)
ir-
aaPrinted Na le: Elizabeth Marrero
--g
a's's
Attor
(Provide Proper Evidence
-factney-rn
of Aut hority)
ACKNOWLEDGI\iIENT
STATE OF FLORIDA
COUNTY OF MIAI\4I-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
EI pHvsrcnl PRESENCE oREoNLtNE NorARtzATtoN THts 16rH DAy oF JUNE, 2021, By
ELIZABETH MARRERO AS ATTORNEY-IN.FACT OF RLI INSURANCE COMPANY WHO IS
PERSONALLY KNOWN TO ME,OR HAS PROBUEEB O- AS IDENTIFIGATIOI{:
Notary Public - State of Florida
(SEAL)
Printed Name: Virginia Reinoso
r4-Ers-026s0/7
I 1s LDS{1664/1153600/11
lM,un-
SEE ATTACHED
16.A.12.b
Packet Pg. 766 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this ccrtificate verifies only the idcntity of thc
individual who signed the document to which this certificate is attached, and not thc truthfulncss,
, or validity of that document.
Statc ol'Florida
County of Miami-Dade
o" t'lf tOfll before me, Virginia Reinoso, Notary Public, personally appeared
Illizabeth Marrero who proved to me on thc basis of satisfactory evidcnce to be the person(s)
whose namc(s) is/are subscribed to the within instrumcnt and acknowledgcd to me that shc
exccutcd thc same in her authorized capacity(ies), and that by hcr signaturc(s) on thc instrumenl
thc pcrson(s), or the entity upon behalf of which the pcrson(s) acted, cxecuted the instrumcnt.
I certiff under PENALTY OF PERJURY under the laws of the
State of I'-lorida that the forcgoing paragraph is truc and corrcct.
WI'INIISS my hand and official scal.
Signature
Signaturc of Notary Public
rTt?IffiNolary PuIic Stab of Ftorkta
Reinoro
GG 141508
10t11nO21
16.A.12.b
Packet Pg. 767 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, lL 61615
Phonc: 800-645-2402
Know All Men by These Presents:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving offi cer if desired.
That RLI Insurance Company and,/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Claudette Alexander Hunt. Elizabeth Marrero^ iointlv or severallv
in the City of Miami State of its true and lawful Agent(s) and Attorney(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed
( $25.000.000.00 ) for any single obligation.
Twentv Million Dollars
The acknowledgment and execution ofsuch bond by the said Attorney in Fact shall be as binding upon the Company as ifsuch bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 30th day of
March 2020
RLI Insurance Company
Contractors Bonding and Insurance Company
9i4
,( t rNol9
/,By:
and/or Contractors
RLI Insurance Company
Contractors Bonding and Insurance CompaBy'
Vice President
an{. the seal of the RLI
Bonding and Insurance
)o) 1
Corporate Secretary
Barton W. Davis
State of Illinois
County of Peoria )SS
On this_. 30th day of March , 2020 , before me, a Notary Public,
personally appeared Barton W. Davis , who being by me duly swom,
acknowledged that he signed the above Power of Aftomey as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Co4pany and acknowledged said instrument to be the voluntary
act and deed of said corporation.
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certifo
that the attached Power of Attomey is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attomey, is now in force. In testimony
whereof, I have hereunto set my hand
Insurance Company
Company this l6th day of June
OFFICI,AL SEAI
JACOUEUNE M BOCKLER
TOTARY PIETIC. STAIE OF ILTINOS
ncoHssor{ ExnREs Jlti r{ a2
Notary PublicM. Bockler
By:
Jr
09556900202t 2
By:
Jeffrey
A0058D 1 9
Florida
Q.lp.o D hi-k
*iir;ro
SEA L
.PT33'"
SEAL
16.A.12.b
Packet Pg. 768 Attachment: Bond Basis (21550 : Excavation Bond Release - Isles of Collier Preserve Phase 15)